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Barrister
Barrister, Attorney
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Experience:  13 years practicing attorney, MBA
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What is an affidavit of heirship? What is the purpose of

Resolved Question:

What is an affidavit of heirship?
What is the purpose of obtaining this document?
How can this document being used?
Submitted: 8 months ago.
Category: Business Law
Expert:  Barrister replied 8 months ago.
Hello and welcome! My name is XXXXX XXXXX X will try my level best to help with your situation or get you to someone who can.
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An affidavit of heirship is a form that they have someone complete so they can inherit assets without going through a full formal probate case. If someone died without a will and left real estate, the heirs can file an affidavit of heirship in the county clerk's/property records office to transfer the property to them.
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According to the provisions of the Probate Code, the Affidavit must be signed by two disinterested witnesses—i.e. two people who knew the Decedent and his family history but do not stand to gain anything financially from the estate. They have to swear that they personally knew the deceased and the family members and heirs, that the deceased didnt' owe any debts and that they don't stand to make anything from the estate by signing the affidavit.
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Once the affidavit has been signed and recorded in the county clerk/land records of the county, it keeps the chain of title intact with regard to the property ownership. At that point, most title companies and real estate companies will allow the heirs to sell the property.
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Thanks
Barrister
Customer: replied 8 months ago.


Thank you for the information you sent. Additional question:


Is the purpose and use of the Affidavit of Heirship limited only to the property on the affidavit?


 


I ask because my father died recently and at the suggestion of a friend, we obtained an Affidavit of Heirship for my mother. So does this document simply confirm that she is now the heir to the property they owned together. We are interested in knowing if we can use this document for any other purpose.

Expert:  Barrister replied 8 months ago.

Is the purpose and use of the Affidavit of Heirship limited only to the property on the affidavit? So does this document simply confirm that she is now the heir to the property they owned together.

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Yes, the Affidavit is strictly for the purpose of transferring the assets of the deceased to the heirs at law if there is no will.

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But if mother owned property with father and was on the deed, then she would become the sole owner instantly if they owned it as joint tenants on the deed. But if father had real estate or personal property in his name only, the Affidavit would list the heirs at law so as to show who would be entitled to inherit.

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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

 

Barrister, Attorney
Category: Business Law
Satisfied Customers: 21251
Experience: 13 years practicing attorney, MBA
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